I-485 denied

[Family 3,549]

1 hour ago, dundeehighlander said:

Thank you for that Family, really helpful and positive. If I file the I-290b I will still be legally in the USA and still able to file again for I-485 if they don't reopen my case?

 

By the way, I went down to the doctor's office today but the doctor wasn't there, not there until Monday.  I told the receptionist about the issue and she is going to get the doctor to call me on Monday.  I am hopeful that she will at the very least give me a corrected I-693

You need to email/ mail your request to the doctor. This is important for the paper trail . Once you file the I-290 B you are in the same “ authorized status” as when the I-485 was pending. 

I don’t anticipate I-290 B being denied but you can refile I-485 anytime, worst case scenario. 
Don’t be afraid to openly discuss the possibility of the doctor picking up the tab for that bit as well…we are all humans and humans make mistakes…you are 10 steps ahead , researching all possible options . 
 

 

 

 

[dundeehighlander 17]

Hi again,

               Thanks for the reply.  Would I file a motion to reopen or a motion to reconsider using Form I-290B?

 

Thanks for all the information, very helpful, really appreciate it.

 

[Wuozopo 4,285]

On 12/1/2022 at 12:49 AM, dundeehighlander said:

Hi again,

               Thanks for the reply.  Would I file a motion to reopen or a motion to reconsider using Form I-290B?

 

Thanks for all the information, very helpful, really appreciate it.

 

Here’s a couple of things I’ve been meaning to post to you that may be useful 

 

The USCIS policy manual chapter on vaccinations. If you scroll down you will see 

C. Adjudication Steps which outlines the steps your interviewer was supposed to take and didn’t in your case. For example Step 1 Determine which vaccination(s) were age appropriate for the applicant to receive based on the applicant’s age on the date the medical exam was completed. Several things were not done.

Also see—

F. Completion of the Results Section by the Civil Surgeon and see what your civil surgeon marked.

Link https://www.uscis.gov/policy-manual/volume-8-part-b-chapter-9

 

This is a nicely written article that summarizes various options when denied.

https://www.yeklaw.com/blog/2020/july/your-i-485-was-denied-what-are-your-next-steps-/

[dundeehighlander 17]

Thank you so much for that Wuozopo, it seems pretty clear that the person reviewing made an error in judgement when reviewing.  Is my best option then to file for a reopening of my case or motion to to consider? What is the easier to prove?

[Family 3,549]

You mark BOTH motion to re open and Motion to reconsider on the I-290 B. Print see attached brief on the form and include the Points I spelled out in earlier post along with new medical 

[dundeehighlander 17]

Thank you Family, all the advice and information has helped me greatly.  Thanks to everyone who have contributed, I will let you know what happens.

[dundeehighlander 17]

Just an update, I went back to the original doctor to get a new I-693 form.  They have me an amended copy of the form, with the original date but with the missing boxes ticked.  They also added a letter admitting an error, confirming that the two vaccines missed out were not age appropriate and that I was fully vaccinated for an adult.  

 

I am worried that USCIS will not accept an amended original document, but apparently the doctor thinks it will be fine.  I couldn't see the doctor because she wasn't in that the center today and won't be there until next week, time that I just don't have.

 

I did sign in ink the amended copy.

 

Any thoughts of this will be problematic?

 

 

[dundeehighlander 17]

12 hours ago, dundeehighlander said:

Just an update, I went back to the original doctor to get a new I-693 form.  They have me an amended copy of the form, with the original date but with the missing boxes ticked.  They also added a letter admitting an error, confirming that the two vaccines missed out were not age appropriate and that I was fully vaccinated for an adult.  

 

I am worried that USCIS will not accept an amended original document, but apparently the doctor thinks it will be fine.  I couldn't see the doctor because she wasn't in that the center today and won't be there until next week, time that I just don't have.

 

I did sign in ink the amended copy.

 

Any thoughts of this will be problematic?

 

 

Just wondered if anyone had any thoughts on my post? 

 

Would I be better getting another completed medical from a different doctor?  

 

Any views very appreciated.

[Wuozopo 4,285]

1 hour ago, dundeehighlander said:

Just wondered if anyone had any thoughts on my post? 

 

Would I be better getting another completed medical from a different doctor?  

 

Any views very appreciated.

I wouldn’t do the medical over again. You got a new sealed envelope for USCIS? And a photocopy for yourself? You are vague in your description.

[Family 3,549]

Considering you already made the decision to accept it, no use in self torment, doubt.

 

It should work, but as I stated earlier both the filing fees ( this I-290 B and future new I-485 if needed) should be covered by the doctor …willingly now or via small claims court later.

 

 

[dundeehighlander 17]

3 hours ago, Wuozopo said:

I wouldn’t do the medical over again. You got a new sealed envelope for USCIS? And a photocopy for yourself? You are vague in your description.

Hi Wuozopo,

                      Thanks for your reply again, yes, I did get a sealed envelope and a photocopy for myself.  I did have to ask for it again, never got it the first time around but did this time by asking.

[dundeehighlander 17]

1 hour ago, Family said:

Considering you already made the decision to accept it, no use in self torment, doubt.

 

It should work, but as I stated earlier both the filing fees ( this I-290 B and future new I-485 if needed) should be covered by the doctor …willingly now or via small claims court later.

 

 

Hi Family,

                 Yes, have to go with what I have and make a good case to reopen my case.  And yes, self doubt is the name of the game at the moment for me.  Regarding them paying for any new costs, I think I will wait and see how things go for now and claim later.  I have a copy of a letter that they have me admitting error.

 

Thanks again for replying, these comments really make you feel less alone in this process.

[dundeehighlander 17]

One more question, sorry.  I don't plan to hire a lawyer to file my I-290B, however I am not sure how the brief/statement should be laid out.  I was planning to do a cover letter listing my evidence, add my evidence and then do a summary/statement at the end.  No legal cases examples etc.  Would this be sufficient?  Would anyone have a template/example of how things are set out?

 

Thanks in advance.

 

K